rendering - fiu · 2 no. 21 prevernion of terrorism 2002 harbouring of persons commiting terrorist...

THE PREVENTION OF TERRORISM ACT, 2002

ARRANGEMENT Of SEcTIoNS

Section Title

PART I PREUMINARY PRovIsIoi*

Short title. Application. Interpretation

PART II PROHIBITION FOR Acis OF TERRORISM

Definition and prohibition for terrorist act. Comnison of offence of terrorist meeting. Offence of proscribed organization for commission of t.errorist act. Rendering suppos to terrorism. 1-*arbouring terrorist. Possession of unauthorized articles, information, etc. Prohibition against false threats of terrorist act. Overriding effect.

PART 111 SPECIFIEO Eriiias

International terrorism,

PART IV On'ENcEs

Provision or collection of finds to commit terrorist acts. Collection of property or provision of property and services, for commission of terrorist act. Use property for commission of terrorist act. Arrangements for retention or control of terrorist property. Dealing with property owned or controlled by terrorist soups. Soliciting and giving support to terrorilst 'otip8 forthe'commission of terrorist act.

2 No. 21 Prevernion of Terrorism 2002

Harbouring of persons commiting terrorist act. Provision of weapons to terrorist group. Recruitment of persons to be members of terrorist groups orto par -ticipate in terrorist act. Promotion or facilitation of the commission of terrorist acts in for. eign states. Promotion of offences. Conspiracy to commit offences under this Act. Membership of terrosrist groups. Arrangement of meetings in support of terrorist groups. Participation in the commission of offence under this Act.

PART V INVESTiGATION OF OFFENCES

Powers of arrest. Powers of Lnvesttgation in case of urgency. Intelligence gathering. Powers to intercept communications and the admissibility of inter-cepted communication. Detention of aircraft or vessel.

33, Power to seize property used in communication of terrorist act.

PART VI TRIAL OF 0n'ENcEs

Jurisdiction to try offences under this Act. Evidence by certificate. Orders for forfeiture of property on conviction for offences under this Act.

PART VII EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Exchange of information relating to terrorist groups and terrorist acts. Counter terrorism conventions to be used as basis for extradition. Offences not to be deemed political.

PART VIII MISCELLANEOUS PROVISIONS

Duty to disclose information relating to offences and terrorist acts.

No. 21 Prevention of Terrorism 2002 3

Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this Act. Orders for seizure and restrain of property. Orders for forfeiture of property. Refusal of applications for registration and the revocation of regis-tration of trustees linked to terrorist groups. Provision of information relating to passengers of vessels and air-craft and persons entering and leaving the countly. Power to prevent entry and order the removal of persons. Power to refuse refugee application. Power to make Regulations.

PART IX CONStNQUENTIAL AMENOMETS

Amendment of the Criminal Procedure Act, 1985. Amendment of the National Security Act, 1970. Amendment of the Extradition Act, 1965. Amendment of the Proceeds of Crime Act, 1991. Amendment of the Immigration Act, 1995. Amendment of the Evidence Act, 1967.

ACT No. 21 OF 2002


g . . jIAsENT, •)V1-t i J. 1Ylk4.

President

An Act to provide for comprehensive measures of dealing with terro-rism, to prevent and to co-operate with other states In the suppression of terrorism and to provide for related matters.

I ..................... ................

ENACTED by the Parliament of the United Republic of Tanzania.

PART I

PREUMNARY PRovisioNs

1. This Act may be cited as the Prevention of Terrorism Act, 2002 Shon title

and shall come into operation on such date as the Minister may, by No- tice, published in the Gazette.

2.-(1) This Act shall apply to Mainland Tanzania as well as to Tanza- Applies.

nia Zanzibar. tion

(2) Any person who commits an offence punishable under this Act beyond the United Republic of Tanzania shall be dealt with under this Act in the same manner as if the act constituting an offence was com-mitted in the United Republic of Tanzania.

3. In this Act, unless the context requires otherwise In(crprela.

"Act" means the Prevention of Terrorism Act, 2002; UOfl

"aircraft" includes an aeroplane, glider and helicopter "communication" means a communication received or transmitted by

6 No. 21 Preveniion of Terrorism 2002

post, telegraphic, telephone or other communication received or trans-mitted by electricity, magnetism, or other means;

'communication service provider" means a person who provides ser - vices for the transmission or receiption of com.munication;

"Court" means the High Court of Tanzania and, as the case may be, the High Court of Zanzibar;

Act No. 12 "financial institution" mans a commercial bank, any other institution 011991 which makes loans, advances, investments or accepts deposits of

money from the public and includes a financial institution as defined under the Banking and Financial Institutions Act, 1991;

"gtoup or entity" means a person, group trust partnership fund or a unincorporated association or organisation;

"Master" in relation to a vessel, means the owner or a person for the time being incharge or command or control of a vessel;

"Minister" means the Minister responsible for home affairs; "operation" in relation to an aircraft, means the owner or person for the

time being incharge or command or control of an aircraft; "police officer" means, except where the context requires otherwise,

police officer of or above the rank of Assistant Superintendent of Police;

"proceeds of terrorism" means all kinds of properties which have been derived or obtained from commission of funds traceable to a terrorist act, and include cash irrespective of a person in whose name such proceeds are standing or in whose possession or control they are found;

"property" means any property and any assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, interest in, such property or asset and includes bank account;

"terrorist act" means an act or omission referred to under section 4 of the Act and the expression "terrorist" shall be construed accordingly.

PART U PR0HIBmON FOR Acts OF TER.ORISM

Dcfin,tion 4.41) No person in the United Republic and no citizen of Tanzania and prohibi- outside the United Republic shall commit terrorist act and a person who lion for does an act çnstituting terrorism, commits an offence. ;cronsm act


(2) A person commits terronst act if, with terrorist intention, does an act or ommission which-

(a) may seriously damage a country or an international organi-zation; or

(b) is intended or can reasonably be regarded as having been intended to-

seriously intimidate a population;

unduly compel a Government or perform or abstain from performing any act; seriously destabilise or destroy the fundamental politi-cal, constitutional, economic or social structures of country or an international organization; or

otherwise influence such Government, or international organization; or

(c) involves or causes, as the case may be- (1) attacks upon a person's life which may cause death;

attacks upon the physical integrity of a person;

kidnapping of a person.

(3) An act shall also constitute terrorism within the scope of this Act if it is an act or threat of action which-

involves serious bodily harm to a person;

involves serious damage to property;

endangers a person's life;

creates a serious risk to the health or aaftxy of the public or a section of the public;

involves the use of tircanns or explosives;

8 No. 21 Prevention of Terrorism 2002

(f) involves releasing into the environment or any part of it or distributing or exposing the public or any part of it to-

any dangerous, hazardous, radioactive or harmful sub-stance;

any toxic chemical;

any microbial or other biological agent or toxin;

(g) is designed or intended to disrupt any computer system or the provision of services directly related to communications in-frastructure, banking or financial services, utilities, transpor-tation or other essential infrastructure;

(h) is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services;

(1) involves prejudice to national security or public safety, and is intended, or by its nature and context, may reasonably be re-garded as being intended to-

(i) intimidate the public or a section of the public;

(ii) compel the Government or an international organiza-tion to do, or refrain from doing, any act,

and is made for the purpose of advancrng or supporting act which con-stitutes terrorism within the meaning of this Act.

(4) An act which- disrupts any services;

is committed in pursuance of a protest, demonstration or stop-page of work,

shall be deemed not to be a terrorist act within the meaning of this sec-tion, so long and so long only as the act is not intended to result in any harm referred to in paragraphs, (a), (b), (c), 01 (d) of subsection (3).

(5) In this Act, unless the context requires otherwise, any reference to "terrorist act" shall include any act referred to in sections 5, 6, 7, 8, 9 and 10.


S. A person commits an offence who. Comm is. sion or of-

arranges, manages or assist in arranging or managing or par- fence of ticipates in a meeting or an act knowingly that it is con- lerronst

cerned with an act of terrorism; meeting

provides logistics, equipment or facilities for a meeting or an act knowingly that it is concerned with an act of terrorism; or

attends meeting knowingly that it supports a proscribed or-ganization or to fi.uiher the objectives of proscribed organi-zation.

6.-( 1) Where two or more persons associate for the purpose of, or Offence of

where an organization engages in any act for the purpose of- lion for

participating, or collaborating, in an act of terrorism; commis. IlQfl 01 taTonsl

promoting, encouraging or exhorting others to commit an act act

of terrorism; or

setting up or pursuing acts of terrorism, the Minister may declare such person or organization to be a proscribed organization.

A person who belongs, or professes to belong, to a proscribed organization commits an offence.

It shall be a defence for a person charged under subsection (2) to prove that the organization in resppeot of which he is charged had not been declared a proscribed organization at the time the person charged became a member or began to profess to be a member of that organiza-tion and that be has not taken part in the activities of that organization at any time after it had been declared to be a proscribed organization.

7.-( 1) A person commits an offence who, in any manner or form- Rendenng support to

solicits support for, or tenders support in relation to, an act of terrorism

terrorism, or

solicits support for, or tenders support to a proscribed orga-nization.


(2) "Support" as used in subsection (1), means and includes-

instigation to the cause of terrorism;

offering of material assistance, weapons including biologi-cal, chemical or nuclear weapons, explosives, training, trans-ronation, false documentation or identification;

offering of or provision of moral assistance, including invita-tion to adhere to a proscribed organization;

the provision of, or making available such financial or other related services to a terrorist, group or entity which is con-cerned with terrorist act;

dealing directly or indirectly, in any property that is owned or controlled by or on behalf of any terrorist or any entity owned or controlled by any terrorist, including funds derived or generated from property owned or controlled, directly or indirectly, by any terrorist or any entity owned or controlled by any terrorist; or

entering into or facilitating, directly or indirectly, any firian. cial transaction related to a dealing in property referred to in paragraph (e).

Hwbouring 8. A person who harbours, conceals, or causes to be harboured or tamrisu

concealed, any person whom he knew to have committed or to have been convicted of, an act of terrorism, or against whom he knew that a warrant of arrest or imprisonment in relation to an act of terrorism had been issued, commits an offence.

Posscssion 9.41) A person shall commit an offence under this section who is in Of possession of any code, password, sketch, plan, model, note or other Unautbo- rizcd document, article or information which relatea to or is used in a pro- wiicle in- teeted place or anything in that place, in contravention of this Act or the fO11*UO Protected Places and Areas Act, 2969, or which has been entrusted to No. 3$ of that person in confidence by any person holding office, or he had access 1969 to office from or which he has obtained or to which that person had

access owing to the position or office held by him or as a person who is or was party to a contract with the Government.

(2) A person who is in possession of anything specified under sub-section (1), and who-

No. 21 Prevention of Terrorism 2002 II

uses it for a terrorist intention or for any purpose prejudicial to the safety or interest of the United Republic; or

communicates such information to any person other than a person to whom there exist an authority to communicate it or to whom it is in the interest of the United Republic to corn-mun.icate it; or

fails to take proper care of, or so conducts himself as to en-danger the safety of that information; or

retains the sketch, plan, model, note, document or article when he has no right or when it is contrary to his duty so to do, or fails to comply with any lawftil directions with regard to the return or disposal of such things; or

uses anything described in paragraphs (a), (b), (c) or (d) for terrorist purposes,

commits an offence against this Act.

(3) Any person who receives any code, password, sketch, plan, model, note or other document, article or information, knowingly or having reasonable grounds to believe at the time when receives it that the same is communicated to him in firtherance of or rendering support to terrorist act contravention of the provisions of this Act unless a proof exist that such communication was against his wish, commits an offence.

10..(1) No person in the United Republic and no citizen of Tanzania Prolbi

outside the United Republic shall communicate or make available by tion

any means any information which he knows or believes to be false to raise

another person with the intention of inducing in him or any other person thrca*3 of

a false belief that a terrotist act has been, is being or will be carried out.

(2) No person in the United Republic and. no. citizen of Tanzania outside the United Republic shall place any article or substance in any place whatsoever with the intention of inducing in some other person a false belief that-

(a) the article or substance is likely foexplode or ignite and thereby cause personal injury or dameto property; or


(b) the article contains or the substance consists of

any dangerous, hazardous, radioactive or harmful sub-stance;

any toxic chemical; or

any microbial or other biological agent, or toxin, that is likely to cause death, disease or personal injury or dam-age to property.

(3) No person in the United Republic and no citizen of Tanzania Out-side the Unitd Republic shall dispatch any article or substance by post, rail or any other means whatever of sending things from one place to another with the intention of inducing in some other person a false be-lief that-

the article or substance is likely to explode or ignite and thereby cause personal injury or damage to property; or

the article contains or the substance consists of-

(1) any dangerous, hazardous, radioactive or harmful sub stance;

any toxic chemical; or

any microbial or other biological agent, or toxin, that is likely to cause death, disease or personal injury or dam-age to property.

(4) For the purposes of subsections (1), (2) and (3), a reference to a person inducing in any other person a false belief does not require the first mentioned person to have any partic1ar person in mind as the per -son in whom he intends to induce the false belief.

Ovcmding 11. The provisions of this Act shall have effect notwithstanding any- cffcct inconsistent with this Act contained in any enactment other than

this Act or in any instrument having effect by virtue of any enactment othor than this Act.

PART 111 SPECIFIED EwirriEs

Incma- 12.-(1) The Minister declare any person lobe a suspected inter-

ironsm national terrorist where-


(a) he reasonably suspects that the person.

is or has been concerned in the commission, prepara-tion or instigation of acts of international terrorism;

is a member of, or belongs to, an international terrorist group or entity;

has links with an international terrorist group, and he reasonably believes that the person is a risk to national security;

(b) the person is listed as a person involved in terrorist acts in any Resolution of the United Nations Security Council or in any instrument of the international community or

(c) the person is considered as a person involved in international terrosisi acts by such State or other international orgaruza-lion.

Where the Minister makes a declaration under subsection (1) (a), he shall, in such manner as he considers appropriate, cause the person declared to be a suspected international terrorist to be notified as is rea-sonably practicable.

The Minister may declare a group to be an international terrorist group if the group-

is subject to the control or influence of person outside the United Republic, and the Minister reasonably suspects that it is concerned in the commission, preparation or instigation of acts of internal ma! terrorism; or

is listed as a group or entity involved in terrorist acts in ac-cordance with the Resolutions of the United Nations Secu-rity Council or in any instrument of the international com-munity as may be made from time to time; or

is considered as a group or entity involved in international terrorist acts as the Minister may approve and publish in the Gazette.

14 No. 21 Prevention of TerrorIsm 2002

(4) Reference in this Act to a proscribed organization shall be decmed to include reference to an international terrorist group and, whenever applicable, to a suspected international terrorist.

(5) The Minister may, with respect to any suspected international terrorist or an international terrorist group, make regulations to provide-

for the freezing of his or its finds, financial assets or other economic resources, including finds derived from property, owned or controlled directly or indirectly, by him or it, by persons acting on his or its behalf or at his or its direction;

for the prevention of his or its entry into, or transit in, the United Republic;

for the prohibition of the direct or indirect supply, sale and transfer to him or it of arms, weapons, ammunitions, military vehicles and equipment, paramilitary equipment, spare parts and related material, and technical advice, assistance, or train-ing related to military activities;

that any person who contravenes any regulations made under this subsection shall commit an offence and shall, on convic-tion, be liable to penal servitude for a period not exceeding five years.

(6) The Minister shall give notice in relation with any declaration made under subsections (1) and (3) in the Gazette and in such other manner as he deems fit.

(7) In this section-

"an act of international terrorism" shall be construed as mean-ing an act of terrorism involving non citizens; and

an "international terrorist group" means a person or group of persons or an organization not being a citizen of Tanzania or whose origin is outside Tanzania and who or which is sus-pected to have committed any of the offences referred to un-der subsection (1).


PART IV OFFENCES

13. Every person who provides, or collects by any means, directly Provision

or indirectly, any funds, intending, knowing or having reasonable or collec-

grounds to believe that the funds will be used in full or in part to carry out a terrorist act commits an offence and shall on conviction be liable corn m it

to imprisonment for a term not less than fifteen years and not more terrorist

than twenty years. acts

14. Every person who, directly, collects property or provides, collection

invites a person to provide, or makes available, property or financial or other related services- provision

intending that they be used, in whole or in part, for the purpose of committing or facilitating the commission of, a scrviccs, terrorist act or for the purpose of benefiting any person for corn-

who is committing or facilitating the commission of, a mission of

terrorist act; or terrorist Acts

knowing that in whole or part, they will be used by, or will benefit, a terrorist group,

commits an offence and shall on conviction, be liable to imprisonment for a term not less than twenty years and not more than twenty five years.

15. Every person who- use of

uses property, directly or indirectly, in whole or in part, for property

the purpose of committing or facilitating the commission of mission of

a terrorist act; or terrorist act

possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act,

commits an offence and shall on conviction, be liable to imprisonment for a term not less than fifteen years and not more twenty years.

16. Every person who knowingly enters into, or becomes concerned Arrange-

in, an arrangement which facilitates the retention or control by or on ment for

behalf of another person of terrorist property- control of

(a) by concealment, terrorist pTopaly


by a removal out of jurisdiction,

by transfer to a nominee, or

in any other way, commits an offence and shall on conviction be liable to imprison-merit for a term not less than fifteen years and not more than twenty five years.

Dealing 17.41) Every person who knowingly- with prop-

CTTY owned (a) deals, directly or indirectly, in any property that is owned trullcd by or controlled by or on behalf of a terrorist group; terrorist groups (b) enters into, or facilitates, directly or indirectly, any trans-

action in respect of property referred to in paragraph (a); or

(c) provides financial or other services in respect of property referred to in paragraph (a) as the direction of a terrorist group,

commits an offence and shall on conviction, be liable to imprison-ment for a term not less than twenty years but not more than thirty years.

(2) A person who acts reasonably in taking or omitting to take measures to comply with subsection (1) shall not be criminally li-able for having taken, or omitted to have taken those measures if he proves that he took all reasonable means to satisfy himself that the relevant property was not owned or controlled by or on bahalf of a terrorist group.

Soliciting 18.(1) Every person who knowingly, and in any manner- and giving support 10 solicits support for, or gives support to, any terrorist group t errori at groups for or the commission of solicits support for, or gives support to the commission terrorist

of a terrorist act, acts


commits an offence and shall on conviction be liable to imprisonment for a term not less than twenty years and not more than thirty years.

(2) For the purposes of paragraph (a) of subsection (1), an offer to provide or the provision of, forged or falsified travel documents to a member of a terrorist group constitutes giving of support to a terrorist group.

19. Every person who harbours or conceals, or prevents, hinders or I-Iarbounng

interferes with the apprehension of, any other person knowing, or hay- or persons committing

ing reason to believe that such other person- terrorist acts

has committed a terrorist act; or

is a member of a terrorist group, is guilty of an offence and shall on conviction, be liable to imprison-ment for a term not less than eighteen years and not more than thirty years.

20. Every person who knowingly offers to provide, or provides any Provision of weapons weapon to- to

a terronst group; groups

a member of a terrorist group;

toy other person for use by, or for the benefit of, a terrorist group or a member of a terrorist group,

is guilty of an offence and shall on conviction, be liable to imprisonment for a term not less than twenty years and not more than thirty years.

21. Every person who knowingly agrees to recruit, or recruits, an- Recruit-

other person- be

to be member of a terrorist group; or membs of euronss

to participate in the commission of a terrorist act, groups or to

commits an offence and shall on conviction be liable to imprisonment panicipate

for a term not less than fifteen years and not more than twenty years. ICU


Promouon 22. Every person who, in the United Republic- (a) knowingly promotes or facilitates the doing of any act in a

of the foreign state for the purpose of achieving any of the following objectives, whether or not the objective is achieved-

sion of *won3 Ictsin (i) the overthrow, by force or violence, of the govcrnrnenl foreign of that foreign state; states

(ii) causing, by force or violence, the public in that foreign state to be in fear of death or bodily injury;

(iii) causing, death of, or bodily injury to a person who-

is the head of state of that foreign state; or

holds or performs any of the duties of, a public of-fice of that foreign state;

(iv) tm1awfuUj distroyingor damaging any property belong-ing to the government of that foreign state;

(b) recruits another percn'i to become aember of, or to serve in any capacity with, a body or association of persons the ob-jectives of which are, or include, the objectives referred to in paragraph (a);

(c) accumulates, stockpiles or otherwise keeps, any weapons for the purposes of doing any act referred to in paragraph (a);

(d) trains or drills, or participates in the training or drilling, or any other person in use of weapons or in the practice of mili-tary exercises or movements to prepare that person to do any act referred to in paragraph (a);

(c) allows himself or herself to be trained or drilled, in the use of weapons or in the practice of military exercises or movements for the purpose of doing any act referred to in paragraph (a); or

(f) gives any money or goods to, or performs services for, any other person or body or association of persons for the pur-pose of promoting or supporting the doing of an act referred to in the paragraph (a);


(g) receives or solicits money or goods or the performance of services for the purposes of promoting or supporting the do-ing of an act referred to in paragraph (a),

commits of an offence and shall on conviction, be liable to imprison-ment for a period of term not less than twenty years and not more than thirty years.

23. Every person who being- Piomot ion of offcnc

the owner, occupier, lessee or pers= in charge of any build-ing, premises, room, or place knowingly permits a meeting of persons to be held in that building, premises, room or place;

the owner, chartercr Lessee, operator, agent, or master of ves-sel or the owner, charterer lessee, operator, agent or pilot in charge of an air craft knowing1ypeimits that vessel or air -craft to be used,

for the purposes of committing an offenceor promoting or supporting the commission of an offence, commits a±Yôffbtè and shall on convic-tion, be liable to imprisonment for a tcrm not lth than fifteen years and not more than twenty years.

24.-( 1) Every person who conspires with Anog person in the United ConsptlScY

Republic to do any act in any place outside ttio4 Republic, being offcnccs an act, which if done in the United Repb Qixv, constituted an under this

offence under this Act shall be dcemed'tob& ,x4 catnssd to do that act, Act

in the United Republic.

(2) Every person who conspires with cthepcason ma place whether within or outside the United Republic to do yict In the United Re-public which constitutes an offence under this Act, shaH be deemed to have conspired in the United Republic to do that act.

25.-(1) Every person who- - Membar-ship of

is a member of; teTTOrlat poup.

professes to be a member of, a terrorist group, is guilty of an ooc44;on..conviction, be liable to imprisonment for term not lou thEs qjkteyc.


(2) It shall be a defence for a person charged with an offence under this section to prove that the entity in respect of which the charge is brought was not a terrorist group at or on the date that he -

became a member of, or

professed to be a member of, that entity, or that he has not taken part in the activities of that entity, after it became a terrorist group.

26.-(1) Every person who arranges, manages or assists in arranging Meetings or managing a meeting which he knows is- in suppoil

(a) to support a terrorist group; groups

(b) to further the activities of a terrorist group,

to be addressed by a person who belongs or professes to be-long to a terrorist group,

is guilty of an offence and shall on conviction be liable to imprisonment for a term not less than ten years and not more than fifteen years.

(2) In this section "meeting" means a meeting of three or more persons, whether or not the public are admitted.

27. Every person who- UOTS in the (a) aids and abets the commission; commission of (b) attempts to commit; offcnccs (c) conspires to commit;

Act counsels or procures the commission of,

an offence under this Act, is guilty of an offence and shall on conviction, be liable to the same punishment as is prescribed for the first mentioned offence.

PARr V INVESTiGATION OF OF-FENCES

POWCTS of 28.—(l) Any police officer may arrest without warrant any arrest

person who has committed or is committing or whom he has reasonable grounds for suspecting to have committed or to be committing an of-fence under this Act.

(2) For the purposes of subsection (1), "police officer" means and include a police officer of or above the rank of Assistant Superin-tendent, an immigration officer or a member of Tanzania intelligent security service.


29.—( 3) Notwithstanding the provisions of the Criminal Pro- Power of

cedure Act, 1985, where, in a case of urgency, application to the court to obtain a warrant would cause delay that may be prejudicial to the casof

maintenance of public safety or public order, a police officer, not below urgency

the rank of Assistant Superintendent, or incharge of a police station may, of 198 5 notwithstanding any other Act, with the assistance of such other police officers as may be necessary- (a) enter and search any premises or place, if he has reason to suspect

that, within those premises or at that place- an offence under this Act is being committed or likely to be committed ; and there is evidence of the commission of an offence under this Act;

(b) search any person or vehicle found on any premises or place which he is empowered to enter and search under paragraph (a);

(c) stop, board and search any vessel, aircraftor vehicle if he has reason to suspect that there is in it evidence of the commission or likelihood of commission of an offence under this Act;

(d) seize, remove and detain anything whièh Is, or contains or appears to him to be or to contain or to be likely to be orto contain, evidence of the commission of an offence under this Act;

(e) arrest and detain any person whom he reasonablysuspects of having committed or of being about to commit an oftncë under this Act.

A police officer may use such force as may be necessary for the exercise of the powers conferred by auboction (1).

Any person found on any premises or p'ace or in any vessel, aircraft or vehicle may be detained bya police olicer until the comple- tion of the search under subsection (I).

Where a seizure is effected under this section, a list of all the articles, documents and other matters seized shall forthwith be deliv-

For the purposes of this section, the lee of force which may be used shall not be greater than is reesoab)èâuary.

A police officer who uses such foeiñiay be necessary for any purpose, in accordance with this Act, sa1l not be liable, in any criminal or civil proceedings, for having, by thuSe•of force, caused injury or death to any person or damage to or lb ofany property.

30.—(1) The Minister may, for the purpoos of the prevention or detection of offences of terrorism or for the pwoacs ofprosectition of

senco gaenng

22 No. 21 Prevention oLTerrorism 2002

offenders under this Act, give such directions as may appear to him to be necessary to-

communication service providers generally; communication service providers of a specified description; any particular communication service provider.

Before giving a direction under this section, the Minister may consult any communication service provider he deems fit to consult.

A direction under this section shall specify the maximum pe-riod for which a communication service provider may be required to retain communications data.

In this section- "communication service provider" means a person who provides postal,

information, or communication, including telecommunications and internet service providers;

"data" means information recorded in a form in which it can be pro-cessed by equipment operating automatically in response to instruc-tions given for that purpose.

In the event of resistance, the court may, on application by the Attorney General, issue an order directing the communication service provider to comply with the direction of the Minister.

Powcs to 31.—(1) Subject to subsection (2), a police officer may, for the purpose of obtaining evidence of the commission of an offence under

cations this Act, apply, cx paste, to the Court, for an interception of communica- and the tions order. admissibility or (2) A police officer may make an application under subsection (1) interceptcd only with the prior written consent of the Attorney General. commurn- cartons (3) A Court to whom an application is made under subsection (I),

may make an order -

requiring a communications service provider to intercept and retain a specified communication cr communications of a specified description received or Unsinitted, or about to be received or transmitted by that communication service pro-vider;

authorizing the police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communications of a specified de-scription and to remove and retain such device,

if the Court is satisfied that the written consent of the Attorney General


has been obtained as required by subsection (2) and that there are rea-sonable grounds to believe that material information relating to -

the commission of an offence under this Act, or the whereabouts of the person suspected by the police officer to have committed the offence,

is contained in that communication or communications of that descrip-tion.

(4) Any information contained in a communication -

intercepted and retained pursuant to an order under subsec-tion (3);

intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a Court of that foreign state to have been so intercepted and retained,

shall be admissible in proceedings for an offence under this Act, as evi-dence of the truth of its contents notwithstanding the fact that it contains hearsay.

32.—( 1) The Inspector General of Police may issue a detention or- Detention

der in respect of an aircraft or vessel if he is of opinion that- a threat has been made to commit an act of violence against the aircraft or vessel, or against any person or property on board the aircraft or vessel; or an act of violence is likely to be committed against the aircraft or vessel , or against any person or property on board the aircraft or vessel.

(2) Where the operator of an aircraft or vessel fails to comply with a detention order under subsection (I), the authorised person may-

enter, or authorise any other person to enter, the aircraft or ves-sel; arrange for a person or thing to be removed from the aircraft or vessel, and may use reasonable force, or authorise the use of reasonable force by another person for any such purpose.

The authorised person shall give written notice to the operator of the aircraft or vessel of any detention order issued under this section.

Where the operator of an aircraft or vessel objects to a deten-tion order, the Minister may, after hearing the interested parties, con-firm, vary or cancel the order.


(5) Any person who- without reasonable excuse, fails to comply with the require-

ment of a detention order, or intentionally obstructs or hinders any person acting in accor-

dance with subsection (2), commits an offence.

(6) For the purposes of this section, the Minister may, in writing, designate as an authorised person such person as he deems appropriate.

Powu to 33.—( 1) Where the Inspector General of Police or Commissioner scizc of Police has reasonable grounds for suspecting that any property has pmpaty usod in been, or is being, used to comxnit an offence under this Act, he may seize commis- the property.

tamrist (2) The Inspector General of Police or Commissioner of Police may acts exercise his powers under subsection (I), whether or not any proceed-

ings have been instituted for an offence under this Act in respect of that property.

(3) The Commissioner of Police, shall as soon as practicable after seizing any property under subsection (I), make an application, exparte, to the Court for a detection order in respect of that property.

(4) A Court to whom an application is made under subsection (3), shall not make a detention order in respect of the property referred to in the application unless he-

has given every person appearing to have an interest in the prop-erty, a reasonable opportunity of being beard; or has reasonable grounds to believe that the property has been, or is being, used to commit an offence under this Act.

(5) Subject to subsection (6), every detention order made under subsection (4), shall be valid for a period of sixty days, and may, on application, be renewed by the Court, for a further period of sixty days until such time as the property referred to in the order is produced in Court in proceedings for an offence under this Act in respect of that property.

(6) The Court may release any property referred to in a detention order made under subsection (4) if.

(a) no longer has reasonable grounds to suspect that the property it has been or is being used to commit an offence under this Act; or


(b) no proceedings are instituted in the Court for an offence under this Act in respect of that property within 6 months of the date of the detention order.

A seizure of any property by the police officer under subsection (1) shall not be deemed to be a contravention of section 8.

No civil or criminal proceedings shall lie against the police officer for a seizure of property made in good faith pursuant to the pro-visions of subsection (I).

PART VI TRIAL OF OFFENCES

34.—(1) The High Court shall have jurisdiction to try offences under this. Act.

(2) No prosecution for an offence under this Act shall be instituted except by or with the consent of the Director of Public Prosecutions.

(3) A Court may, on motion by or on behalf of the Director of Public Prosecutions, order that no person shall publish -

the name, address or photograph of any witness in any case tried or about to be tried before it for any offence under this Act; or

any evidence or any other matter likely to lead to the identifica-tion of the witness.

(4) A Court may, on motion by or on behalf of the Director of Public Prosecutions, in the interest of public safety or public order, ex-clude from proceedings instituted for any offence under this Act, any person other than the parties and their legal representatives.

(5) Any person who contravenes an order made under subsection (3), commits an offence.

(6) For the purposes of subsection (2), an act or omission commit-ted outside the United Republic and which wouLd, if committed in the United Republic constitute an offence under this Act, shall be deemed to have been committed in the United Republic if the person comnutting the act or omission is present in the United Republic and cannot be extradited to a foreign state having jurisdiction over the offence consti-tuted by such act or omission.

Jundic-'ion to try offcnccs under this Ac;


Evidence by 35. Where in any proceedings for an offence under this Act, a ques- calificate tion arises as to whether anything or a substance is a weapon, a hazard-

ous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, a certificate purporting to be signed by an appropriate authority to the effect that the thing or substance described in the certificate is a weapon, hazardous, radioactive or harmful sub-stance, a toxic chemical or microbial or other biological agent or toxin, shall be admissible in evidence without proof of the signature or author -ity of the person appearing to have signed it and shall, in the absence of evidence to the contrary, be proof of the facts stated therein.

Orlcrs for 36.—( 1) Where any person is convicted of an offence under this fofeitte Act, the Court may order that any property - on (a) used for, or in connection with or coiw Ct (b) received as payment or reward for,

the commission of that offence, be forfeited to the United Republic. oflaicca Wdat1HS (2) Before making an order under subsection (1), the Court shall Act

give every person appearing to have an interest in the property in respect of which the order is proposed to be made, an opportunity of being heard.

(3) Property forfeited to the United Republic under subsection (1), shall vest in the Government -

if no appeal has been made against the order, at the end of the period within which an appeal may be made against the order; and

if an appeal has been made against the order, on the final determi-nation of the appeal.

PART VI! Ex-rL*J ,moN AND Mrw.t ASSISTANCE FN

CRiMINAL MA1-rEls

Exchange 37. The InspeetorGeneral of Police or Commissioner of Police may, of on a request made by the appropriate authorfty of a foreign state, dis-

close to that authority any informatiop in his possession or in the posses-relating to sion of any other government department or agency, relating to any of terrotist

the following- tarorist (a) the actions or movements of terrorist groups or persons suspected gets of involvement in the commission of terrorist acts;

(b) the use of forged or falsified travel papers by persons suspected of involvement in the commission of terrorist acts;


traffic in weapons and sensitive materials by terrorist groups or persons suspected of involvement in the commission of terrorist acts; or the use of communications technologies by terrorist groups,

if the disclosure is not prohibited by any provision of law and will not, in the mind of the Inspector General of Police or Commissioner of Police, be prejudicial to national security or to public safety.

38.-4 1) Where the United Republic becomes a party to a counter Cointev

terrorist convention and there is in force, an extradition arrangement emorism

between the Government of the United Republic and another state tions to be

which is a party to that counter terrorism convention, the extradition used as

arrangement shall be deemed, for the purposes of the Extradition Act, 1965 to include provision for extradition in respect of offences falling ACt No.15

within the scope of that counter terrorism convention, of 1965

(2) Where the United Republic becomes a party to a counter terrorism convention and there is no extradition arrangement between the Government of the United Republic and another state which is a party to that counter terrorism convention, the Minister may,by, Order published in the Gazette, treat the counter terrorism convention, for the purposes of the Extradition Act, 1965 as an extradition arrangement between the Government of the United Republic and that state, providing for extradition in respect of offences falling within the scope of that counter- terrorism convention.

39. Notwithstanding anything in the Extradition Act, 1965 an of- Offences

4' ' , .

i '..&L.% U.0 ' -

octiobe domnod

death or serious bodily harm to a person; or . POl1t1CI

serious damage to property, Act No.15

shall for the purpose of extradition under this Act, be decmed not to be of 1965

an offence of a political character or an offence connected with a political offence or offence inspired by political motives,

PART VUI MISCELLANEOUS

40.—(l) Every person who has an information which may be of Duty to assistance in— .

disclose

preventing the commission by anotherpersbn, of a terrorist act, to securing the arrest or prosecution of aother person for an of- offacee

fence under this Act, isl 3013


shall forthwith disclose that information to a police officer not below the rank of Assistant Superintendent of Police or to a police in-charge of a station.

Nothing in subsection (I) requires the disclosure of any infor-mation which is protected by privilege.

No civil or criminal proceedings shall be against any person for disclosing any information, in good faith, as required under subsection M.

Any person who fails to comply with subeoction (I), commits an offence and shall on conviction, be liable to imprisonment for a term not less than two years and not more than five years.

u'to 41.—(l) Every person shall forthwith disclose to a police officer- disclose

(a) the existence of any property in his or her possession or control, tion telatmg to which is to his or her knowledge, owned or controlled by or on pTOperIyoI behalf of a terrorist group; terrorist groups (b) any information regarding a transaction or proposed transaction prop" in respect of any property referred to in paragraph (a).

(2) Every financial institution shall report, every three months, to Offences the police officer and any body authorized by law to supervise and regu- under late its activities- Act

that it is not in possession or control of any property owned or controlled by or on behalf of a terrorist group; that it is in possession or control of such property, and the par-ticulars relating to the persons, accounts, and transactions involved and the total value of the property.

(3) In addition to the requirements of subsection (2), every financial institution shall report, to the police officer, every transaction which occurs within the course of its activities, and in respect of which there are reasonable grounds to suspect that the transaction is related to the commission of a terrorist act.

(4) No civil or criminal proceedings shall lie against any person for making a disclosure or report, in good faith, as required under subsec-tion (1) or(2) or(3).

(5) Every person who fails to comply with subsection (I) or (2) or (3), commits an offence and shall on conviction, be liable to imprison-ment for a term not less than twelve months.


42.—(l) Where the Court is satisfied, on an exparte application, Ordcm for

that there are reasonable grounds to believe that there is in any building, and

place or vessel, any property in respect of which an order of forfeiture of

may be made under section 43, it will issue- PMPMY

a warrant authorising a police officer to search the building, place or vessel for that property and to seize that property if found, and any other property in respect of which that police officer believes, on reasonable grounds, that an order of forfeiture may be made under section 35;

a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in that property, other than as may be specified in the order.

(2) On an application made under subsection (1), the Court may, at the request of the Attorney General and if the Court is of the opinion that the circumstances so require-

appoint a person to take control of, and manage or otherwise deal with, the whole or a part of the property, in accordance with the directions of the Court; require any person having possession of the property to give pos-session thereof to the person appointed under paragraph (a).

(3) The power to manage or otherwise deal with the property under subsection (2) includes -

in the case of perishable or rapidly depreciating property, the power to sell that propeny and in the case of the property that has little or no value, the power to destroy that property.

(4) Before a person appointed under subsection (2) destroys any property referred to subsection 3(b), he shall apply to the Court for a destruction order.

(5) Before making a destruction order in relation to any property, the Court shall require notice to be given, in such manner as the Court may direct, to any person who, in the opinion of the Court, appears to have an interest in the property and may provide that person with a rea-sonable opportunity to be heard.


The Court may order that any property in respect of which an application is made under subsection (4), be destroyed if it is satisfied that the property has little or no financial or other value.

A management order under subsection (2), shall cease to have effect when the property which is the subject of the management order is returned to an applicant in accordancc with the law or when it is for.

feited to the United Republic.

The Attorney General may at any time apply to the Court to cancel or vary a warrant or order issued under this section.

OrdcTs for 43.---(l) The Attorney General may make an application to the forfeiture Court for an order of forfeiture in respect of of poperiy

property owned or controlled by, or on behalf of, a terrorist group; or property that has been, is being or will be used, in whole or part, to commit, or facilitate the commission of, a tcrrorist act.

The Attorney General shall be required$o name as respondents in the application under subsection (1) only persons who are known to own or control the property which is the subject of the application.

The Attorney General shall give notice of an application under subsection (1) to the respondents named in the application in such man-tier as the Court may direct.

If the Court is satisfied, on a balance of probabilities that, the property which is the subject of the applivazion, is property referred to in subsection (1) (a) or (b), it shall order that the property be forfeited and be disposed of as directed by the Court.

Where a Court refuses an application under subsection (1), the Judge shall make an order that describe; the peoperty and declare that it is not property referred to in that subsection.

On an application under subsection (1), a Court may require notice to be given to any person, who in the opinion of the Court, ap-pears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

If the Court is satisfied that a person referred to in subsection (6)-

has an interest in the property which is the subject of the applica-tion; has exercised reasonable care to ensure that the property would


not be used to commit or facilitate the commission of a terrorist act; and

(c) is not a member of a terrorist group, the Court shall order that the interest shall not be affected by the order and it shall also declare the nature and extent of the interest in question.

A person who claims an interest in property that has been for-feited and who has not been given notice under subsection (6), may make an application to the Court to vary or set aside an order made under subsection (4) not later than sixty days after the day on which the forfeiture order was made.

Pending the determination of an appeal against an order of for-feiture made under this section, property restrained under section 42, shall continue to be restrained, property seized under a warrant issued under that section, shall continue to be detained, and any person ap-pointed to manage, control or otherwise deal with the property under that section shall continue in that capacity.

The provisions of this section shall not affect the operation of any other provision of this Act respecting forfeiture of property.

44.—()) The Minister may sign a certificate stating that, it is his opinion, based on information received including any security or crimi-nal intelligence reports, that there are reasonable grounds to believe that an applicant for registration as a registered trustees or a registered trust-ees has made, is making, or is likely to make available directly or indi-rectly, any resources to a terrorist group.

Upon the signing of a certificate under subsection (1), by the Minister or a person authorized by him, shall cause the applicant or the registered trustees to be served, personally or by registered letter sent to its Last known address, with a copy of the certificate and a notice in-forming it that, the certificate will be referred to the Court not earlier than seven days after the service of the notice, and that, if the certificate is determined to be reasonable, the applicant will not be eligible to be registered as registered trustees or the registration of the registered trust-ees of the trust will be revoked, as the case may be.

The certificate or any matter arising out of it shall not be subject to review or be restrained, probii1ed, removed, set aside or otherwise dealt with except in accordance with this section.

Refusal of pplica.

lions for registia.

1gm. and

the revocanon

of regisLrs-liOn, of DI5Iccs

linked to ICITOfISI

giups


(4) Seven days after service under subsection (2) or as soon as practicable thereafter, the Minister or a person authorized by him shall -

file a copy of the certificate in the Court for determination under subsection (5); and

cause the applicant or registered trustees to be served, personally or by registered letter sent to its last known address, with a notice informing it of the filing of the certificate.

(5) Upon the filing of a certificate in the Court under subsection (4), it shall-

examine in chambers, the information, including any security or criminal or intelligence reports, considered by the Minister be-fore signing the certificate, and hear any evidence or information is admissible and may, on the request of the Minister, hear all or part of that evidence or information in the absence of the appli-cant or registered trustees, if the Court is of the opinion that the disclosure of the information would be prejudicial to national security or endanger the safety of any person. provide the applicant or the registered charity with a statement summarising the information available to the Court so as to en-able the applicant or the registered charity to be reasonably informed of the circumstances giving rise to the certificate, with-out disclosing any information the disclosure of which would, in the Court's opinion, be prejudicial to national security or endan-ger the safety of any person,

provide the applicant or registered charity with a reasonable opportunity to be heard; and

determine whether the certificate is reasonable on the basis of all the information available to the Court or if found not reasonable, quash it.

(6) Where the Court determines, under subsection(S), that a certifi-cate is reasonable, the Minister shall cause the certificate to be pub-lished in the CIazeue.

(7) A certificate determined to be reasonable wider subsection (5), shall be deemed for all purposes to be sufficient grounds for the refusal of the application for registration of the charity referred to in the certifi-cate or the revocation of the registration of the charity referred to in the certiflcatc.


45.—(l) The- operator of an aircraft or masteT of a vessel, departing from the United Republic; or operator of an aircraft registered in the United Republic or master of a vessel registered in the United Republic, departing from any place outside the United Republic,

may subject to regulations made under subsection (5), provide-

(I) to the police officer any information in his possession, re-lating to persons on board, or expected to be on board, the aircraft or vessel, as the case may be;

(ii) to the competent authority in a foreign state, any informa-tion in his possession, relating to persons on board, or ex-pected to be on board, the aircraft or vessel, as the case may be, and required by the laws of that foreign state.

Provsin of rn(ofnhl- tiO relating to passaga of vts&CI3 and airvrft and pa•sons entcflr%g and lving the countly

The Director of Immigration may. subject to regulations made under subsection (5), provide to the competent authority in a foreign state any information in his other possession relating to persons enter-ing or leaving the United Republic by land, and that is required by the laws of that foreign state.

The provision of any information under subsection (1) or (2) shall, subject to regulations made under subsection (5), be deemed not to be a contravention of any provision of law prohibiting the disclosure of the information.

No information provided to the police officer under subsection (1), shall be used or disclosed by the Director of Ixnniigration except for the purpose of protecting national security or public safety.

The Minister may make regulations necessary to give effect to the purposes of this section, including regulations-

respecting the types or classes of information that may be prO vided for under this section,

specifying the foreign states to which the information may be provided.

46.—( 1) The Director of Immigration or other authorized officer Po' to pmcnt under the laws relating to immigration, shall not grant an endorsement

or other authority permitting a person to enter the United Republic if he ocder the

has reasonable grounds to believe that such, person ha* been, is, or will Of

be, involved in the commission of a terrorist act. persons


Where the Minister responsible for immigration has reasonable grounds to believe that a person in the United Republic has been, is or will be, involved in the commission of a terrorist act, he may make or-der requiring that person to leave the United Republic and remain thereafter out of the United Republic.

A person with respect to whom an order under subsection (2) is made, shall leave the United Republic and shall, so long as the order is in force, remain out of the United Republic.

A person with respect to whom an order under subsection (2) is made, may be detained in such manner as may be directed by the Minis-ter responsible for immigration and may be placed on a vessel or aircraft leaving the United Republic.

Power 10 47. The Ministcr responsible for immigration may, having regard to refuse the interests ofnational security and public safety, refuse the application refugee applicu- of any person applying for status as a refugee, if he or she has reasonable tI)fl grounds to believe that, the applicant has committed a terrorist act or is

or is likely to be, involved in the commission of a terrorist act.

Power 48.—(1) The Minister may make regulations in respect of all mat- maie ters in respect of which regulations are required or authorized to be made RcguIa by this Act. lions

Subject to subsection (3), every regulation made under subsec-tion (1), shall be published in the Gazette and shall come into operation on the date of publication or on such later date as may be specified in the regulation.

Every regulation made under subsection (I), shall, as soon as convenient after its publication, be brought before the National Assem-bly for approval and any regulation which is not so approved shall be deemed to be revoked from the date of disapproval, but without preju-dice to anything previously done on the authonty.of those regulations.

PART LX CONSEQUENTIAL AMENDMENTS

Amad. man of 49. Section 148 of the Criminal Procedure Act, 1985 is amended in the subsection (5) by substituting a semi colon for a full-stop which appears Criminal procodure in item (iii) of paragraph (a) and adding immediately thereafter the Ad, 1983 following: No.9 of 1985 "(iv) terrorjjn against the Prevention of Terrorism Aat. 2002."

No. 21 Prevention of Te+prism 2002 35

AMMd- 50. Section 10 of the National Security Act, 1970 is amended by

adding immediately after that section the following: the Nitsonal security

renonst "1OA. A person who commits an offence against sections 4,5,6,7, 8.9 or lOin circumstances whereby an infer. No. 3 of

offaccs 1970 en i ce can be drawn that the offence was comrmtted n further-ance or in support of terrorist act contrary to the Prevention of Terrorism Act, 2002, shall be proceeded against under that Aet.

51. Section 17 of the Extradition Act, 1965 is amended by add- mg the following:

matot the

"(5) The provisions of subsections (1) and (2) shall not apply to a Eiud,t,on

person who is accused of terrorism under the Prevention of Terrorism Act, 2002." 1965

52. Section 6 of the Proceeds of Crime Act, 1991 is amended - by inserting after paragraph (b) the following:

"(c) any offence against the Prevention of Terrorism Act, 2002;"

by renumbering paragraph (c) as paragraph (d).

53. The Immigration Act 1995 is amended - in Section 8 by repealing subsection (1) and substituting for it, the following:

"(1) An immigration officer may without warrant, ar-rest any person whom he reasonably suspect to be a pro-hibited immigrant, a terrorist or to have been concerned in international terrorism within the meaning of the Preven-tion of Terrorism Act, 2002 or to have contravened or to be about to contravene any of the provisions of this Act.";

in section 10, by substituting a semi-colon for a fufl.stop which appears in paragraph U) and adding immediately thereafter the following paragraph:

"(k) a person who has committed terrorist act or international terrorism."

Amend-ma! of the Proceeds of Cnme Act, 1991. No. 25 of 1991

Amend-ment of the Immigr. tion Act, 1995. No.7 of 1995


Amcnd- 54, The Evidence Act, 1967 is amended, in section 89- meal of

(i) by redesignating that section as subsection (1); the Evdcnce

(ii) by inserting the following: 1967 "(2) Notwithstandln9 subsection (I) and any other writ-

ten law, where in criminal proecedings involving offence of terrorism or international terrorism, a question arises as to whether anything or s substance is•in a state described or purported to be descnbed in a document, that document shall be admissible in evidence without proof of the signs-ture or authority of the person appearing to have signed it and shall, in the absence of e'cc to the contrary, be proof of the facts stated therein."

Passed in the National Assemon the Nov 002

Clerk of the atE lAssetnbiy

rendering - fiu · 2 no. 21 prevernion of terrorism 2002 harbouring of persons commiting terrorist...

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